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Why Hire a Washington DC DUI Lawyer

Hiring a Top DC DUI lawyer is crucial because the District of Columbia is a “zero tolerance” jurisdiction for getting behind the wheel after consuming alcohol or other drugs, including not just illegal drugs but even prescription and non-prescription drugs. Any measurable amount of alcohol or drugs in your system can lead to an arrest and conviction for DUI or the related charges of Driving While Impaired (DWI) and Operating While Impaired (OWI), as long as the United States Attorney and the police can prove that you were impaired. If you are charged with DUI in Washington, DC, your case will be treated harshly, possibly harsher than any other jurisdiction in the country.

Potential Consequences of a First-Time DUI Conviction in Washington, DC or DUI Arrest:

• Depending on BAC level, up to 180 days of jail time, including minimum mandatory jail time.
• Up to $1000 in fines.
• Possible License Suspension for one year
• Mandated use of an interlock ignition system for six months with a restricted driver’s license.
• Significant points added to your DC, driver’s license.
• DUI on your record for 15 years (which can affect employment, credit, housing applications, etc.)

If you are in that situation, getting an aggressive Washington DC DUI lawyer who will fight for you every step of the way is vital. That is where the experienced lawyers at Ervin Kibria Law come in. We will work with you as an individual to aggressively investigate, defend and challenge the charges. So if you have trouble with DUI, DWI, or OWI charges, contact us today to schedule a free consultation.

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What Does Driving Under the Influence (DUI) Mean in Washington, DC?

DC Code §50-2206.11 forbids a person intoxicated or under the influence of alcohol or drugs to operate or be in physical control of any vehicle in the District of Columbia. Officially, being “intoxicated” means a Blood Alcohol Content (BAC) of 0.08 or higher, but that does not mean you cannot be convicted of DUI in Washington DC with a lower BAC. In Washington, DC, mandatory jail time penalties apply as low as 0.02 BAC upward. If you face a DUI charge in Washington, DC, you must consult with a DC DUI lawyer regarding your options.

What does Operating While Impaired (OWI) mean in Washington, DC?

As an experienced DC DUI Lawyer in DC know, the District of Columbia is stringent for drunk driving. However, you do not have to be driving to face punishment with alcohol or drugs in your system.

Per DC Code §50–2206.14, “no person shall operate or be in physical control of any vehicle in the District while the person’s ability to operate or be in physical control of a vehicle is impaired by the consumption of alcohol or any drug or combination thereof.”

The critical term is “physical control.” For example, you could be parked and just sitting behind the wheel with the keys in the ignition without the intention to drive. However, because you are still in physical control of the vehicle, you could still be charged with Operating While Impaired (OWI) by a passing police officer.

A conviction for OWI involves paying fines and potentially serving jail time, with mandatory jail time for your second or subsequent conviction. If you face OWI charges in Washington, DC, you must speak with a DC OWI lawyer regarding your options. Contact Ervin Kibria Law today for a free consultation.

Experienced Washington, DC DUI Lawyer

When you face a drunk driving charge or any motor vehicle traffic offense, you need fast, accurate answers about your situation and the best way to protect your rights. The defense attorneys at Ervin Kibria understand your concerns and sense of urgency in dealing with a difficult situation.

• The consequences for DUI: Clients who reach out to us concerning a DUI arrest share common questions. These concerns are best addressed by a DC DUI lawyer experienced with DUI cases. While every case is different, clients often struggle with understanding what a DUI conviction would mean. Will there be a criminal record? Do I have to go to trial? Years in jail? Months in jail? I had an accident? Loss of a driver’s license? We are here to listen to your concerns, answer your questions to the best of our ability, and guide you through the complicated legal process.

• An aggressive defense: The consequences of a DUI charge often depend on having an experienced dc DUI attorney to represent you. At Ervin Kibria, we have the necessary experience to investigate, defend, and attack the charges.

• We work with you individually: We do not treat cases like cars on an assembly line. We are not a DUI mill. We are personalized, accessible, and hands-on. We keep our practice small, so we can be wholly dedicated to giving our clients the best representation. You have direct access to us when you hire us, not a law clerk, a paralegal, or an associate DC DUI attorney.

Whether you are dealing with a DUI charge, a severe local traffic offense that can put points on your driver’s license, or you need possession of a marijuana lawyer, you can depend on the defense lawyers at Ervin Kibria Law Firm. As we know and understand your rights, we give you the best advice and determine what’s right for you.

Common Washington DC DUI Questions

Is it worth getting a DC DUI Lawyer for a DUI – The better question is, how much will it cost you (and not just in terms of money) if you don’t hire a DUI lawyer for a DUI?

The Answer to the initial question is YES; you should hire an aggressive, experienced DUI lawyer, who knows the law, the courts, the prosecutors, and Judges inside out, for any DUI case. Defending against DUI charges in any jurisdiction, especially in Washington, DC, is a long and complex process. Being convicted of a DUI can ruin your job/career (or job/career prospects) and your criminal history record (or lack of one), disrupt your life in many ways, and lead to jail time and significant fines.

If you try to go it alone, you may not even know how to correctly appear for a hearing, let alone successfully defend yourself or negotiate any reasonable plea offer. You will likely find yourself pleading guilty/being convicted. Hiring an expert DUI lawyer assures that you can go on with your life while the DUI attorney does the difficult work of defending you to preserve your rights, energy, and job/career. An excellent DUI lawyer may even be able to dismiss your DUI case. Therefore, you must hire an expert/experienced, elite, and aggressive DUI lawyer if you have DUI charges.

What if I can’t afford an attorney for DUI?

Suppose you can’t personally afford an attorney for DUI charges. In that case, you should still see if you can get help from friends or family or anybody else willing to help you pay to get an expert/experienced, elite, and aggressive DUI attorney. An expert DUI attorney should minimize the consequences/punishment of a DUI charge and reduce the life damages that come with a DUI charge or DUI cases. They might be able to dismiss your case. You may be found guilty and convicted of a DUI without one. If you absolutely can’t afford an expert, private DUI attorney, and no one can help you afford one, then – if you qualify- you can go with a public defender. However, with a public defender, you never have any assurances as to how much attention, focus, and care they will give to you and your case, as they have hundreds of other cases that they need to handle and get off their desks.

Should you get a lawyer for your First DUI?

YES, an expert/experienced, elite, and aggressive DUI lawyer on a first-time DUI charge may very well get your case dismissed and keep your record clean. However, you may be found guilty and convicted of a DUI without one.

What Can a DUI be reduced to?

In the District of Columbia, charges are rarely ever reduced. More likely, with the aid of an expert/experienced, elite, and aggressive DUI lawyer, a DUI can be dismissed. However, on some rare occasions, with the support of an expert/professional, elite, and aggressive DUI lawyer, a DUI might be reduced to reckless driving.

A DUI vs. a DWI in the District Explained

Many people don’t know what to expect regarding a DUI vs. a DWI in Washington, DC. A DUI means you’ve been caught driving at a BAC of 0.05 or higher. In addition, a law enforcement officer will request you take a Standard Field Sobriety Test (SFST) and make a finding that shows evidence of you being impaired by having poor driving or slurred speech.

Some people might think they can refuse a chemical alcohol-detecting test for breath or urine, but refusing to submit to these tests when lawfully asked to do so means civil punishment – which will suspend your driving privileges for up to a year. In addition, the prosecution can use this against you to prove that you had “consciousness” of being guilty.

What is the difference between civil and criminal punishment for your DUI? Your DUI charge will result in administrative action against you – suspended driving privileges by the DC Department of Motor Vehicles (DMV). Then you’ll be further prosecuted by DC Superior Court in this criminal matter.

DWI means the government must prove you were in “physical control” of the vehicle. For example, you could simply be sitting behind the wheel with your keys in the ignition at a standstill, and that would prove “physical control.” Next, your BAC would have to be detected at 0.08 or higher. DWI is different from DUI in that it does not need to be proven your driving was affected.

Penalties for a first-time DWI can be $1,000 and up to 180 days in jail – but with the right Washington DC DUI & DWI attorney, you may be able to avoid these hefty penalties. However, no attorney can prevent your 10-day imprisonment if your BAC is 0.20 or higher. So before you get behind the wheel after drinking, think twice! Ride-share services are affordable in the District.

Additional penalties are added if there is a minor in the vehicle. You could be fined $500-$1000 per minor. If an age-appropriate child passenger safety restraint does not restrain your minors, you could face ten days of imprisonment, and no attorney can get dismissed.

After you get a DUI or DWI conviction in DC, you could be required to pay for an ignition interlock device that would require you to pass the breathalyzer every time you start up your car. Since DC is a ‘zero-tolerance district, you could add other time-consuming and costly punishments. You could be entered into an alcohol awareness and driver education program and undergo regular alcohol testing.

You need to have the best legal counsel available for this complex matter. Washington, DC’s best DUI & DWI attorney, is only a call away at 202-689-4439. Expert DC DUI & DWI attorney Nabeel Kibria is always available to take you and your case- at any time of day. Most law offices you call on the weekend or after business hours will route you to voicemail, and you won’t hear back from the attorney until business hours have begun. Mr. Kibria is different – he will personally answer your questions and address your concerns regarding your case. Check out his Google reviews – he has had hundreds of charges dismissed, and his success rate is second to none!

Penalties For Washington, DC DUI Conviction

Standard DUI Penalties For First Offense:

Driving Under the Influence (DUI)

Driving under the influence (DUI) is the most serious impaired driving offense you or someone can be charged with within the District of Columbia. Therefore, it is imperative to have a knowledgeable DC DUI attorney accused of a DUI in Washington, DC.

The DUI offense consists of two elements. First, the government must prove that the defendant was “operating” or in “physical control” of the vehicle. Second, the government must confirm that drug or alcohol intoxication impaired the defendant’s ability to operate or control the vehicle. D.C. Code 50-2201.05(b).

The penalty for a first conviction of a DUI is a $1,000 fine and 180 days in jail (An elite DUI lawyer can suspend all). However, it is critical to know that if the defendant’s blood alcohol concentration (BAC) when a BAC test is administered is 0.20 grams or greater per 100 milliliters of blood, the court will impose a 10-day mandatory minimum sentence of imprisonment. If BAC test results come back above 0.25 grams per 100 milliliters of blood, there is a mandatory 15-day jail term. If BAC test results come back above 0.30, there is a mandatory 20-day jail term. The following only applies if no one has an injury.

DUI Penalties With a Prior DUI Conviction

The penalty for a second DUI conviction within 15 years is a $2,500 – $5,000 fine and a year sentence for this crime. Such a conviction also carries a minimum of 10 days jail sentence that cannot be suspended.

If the defendant’s blood alcohol concentration (BAC) is 0.25 grams or greater per 100 milliliters of blood during the second arrest, a minimum of 15 days of mandatory personal imprisonment is imposed. If a BAC test result returns above 0.25 grams per 100 milliliters of blood, there is a mandatory 20-day jail term. And a 25-day jail term for a test result above 0.30.

The penalty for a third or subsequent conviction within 15 years carries a fine of $2,500-$10,000 and a mandatory 15-day period of incarceration. Suppose the blood alcohol concentration (BAC) during a third or subsequent conviction is at least 0.20 grams per 100 milliliters of blood. In that case, the defendant is subject to a 20-day mandatory minimum term of incarceration. If the BAC test results return above 0.25 grams per 100 milliliters of blood, a mandatory 25-day jail term is imposed. For a BAC test result above 0.30., the law will mandate a 30-day jail term.

Operating While Impaired (OWI)

OWI is the simplest and somewhat easiest of the impaired driving or so-called “drinking and driving” offenses for the government to prove against a defendant so charged. When prosecuting this particular offense, the government only needs to verify that the defendant’s ability to operate a vehicle was “noticeably impaired” by the consumption of “intoxicating liquor.”

However, the operating while impaired offense (OWI) imposes the lightest penalties for the three impaired driving charges. A first conviction carries a $500 fine and a maximum sentence of 90 days. D.C. Code 50-2201.05(b).

A second conviction within 15 years carries a $1,000 – $2,500 fine and incarceration of up to a year, five days of which cannot be suspended. A third or subsequent offense within 15 years carries a $1000-$5000 fine and a 10-day to one-year sentence, with a minimum of 10 days. D.C. Code 50-2201.05(b).

DUI Washington DC (DWI)

The government must prove two things to obtain a conviction for DWI (driving while intoxicated) in D.C. First. It must confirm that the defendant was “operating” or in “physical control” of the vehicle. Operation or physical control does not require that the defendant drive the car. Sitting at the wheel with the keys in the ignition could be enough for the court to infer operation or physical control.

Second, before anything, the government must prove that the blood alcohol concentration of the person operating the car was 0.08 grams per 100 milliliters of blood or more significant at the testing time. Unlike the related offense of driving under the influence, the prosecution does not need to prove impaired driving through intoxication. D.C. Code 50-2201.05(b).

The penalty for a first DWI conviction is a $1,000 fine and 180 days in jail (all of which can be suspended depending on the judge, the prevailing circumstances, and at times the efforts of an exemplary DC DUI lawyer).

It is imperative to note, though, that if the defendant’s blood alcohol concentration (BAC) at the time of testing is 0.20 grams or higher per 100 milliliters of blood, there is a 10-day mandatory minimum sentence of imprisonment. If a BAC test result is above 0.25 grams per 100 milliliters of blood, there is a mandatory 15-day jail term. If a BAC test results above 0.30, there is a mandatory 20-day jail term.

The penalty for a second conviction within 15 years is a $2,500 – $5,000 fine and a year sentence, with at least ten days that CAN NOT be suspended.

If the defendant’s blood alcohol concentration (BAC) is 0.20 grams or greater per 100 milliliters of blood during a second arrest, a minimum of 15 days of mandatory imprisonment is imposed. If the defendant’s blood alcohol concentration (BAC) test results are above 0.25 grams per 100 milliliters of blood during a second arrest, there is a mandatory 20-day jail term. If the defendant’s blood alcohol concentration (BAC) is above 0.30, there is a mandatory 25-day jail term.

The penalty for a third or subsequent conviction within 15 years is a fine of $2,500-$10,000 and a mandatory 15-day period of incarceration. Suppose the blood alcohol concentration at the third or subsequent is at least 0.20 grams per 100 milliliters of blood. In that case, the defendant must serve a 20-day mandatory minimum term of incarceration, a 25-day jail term for a test result above 0.25 grams per 100 milliliters of blood, and a 30-day jail term for a test result above 0.30.